Wednesday, September 29, 2010

Almost everyone knows that a state of Michigan issued Concealed Pistol License (i.e. CPL) - sometimes incorrectly referred to as a CCW - allows the named person to possess a concealed handgun "on or about his person." However, there are quite a few things about a CPL that you probably don't know. This post will reveal seven facts about a CPL that many people do not know.

Fact 1: A Temporary License Can Be Issued To An Applicant

Some County Gun Boards are ridiculously slow in their processing of CPL applications. In fact, just yesterday a person who applied for one back in March of this year contacted me on Facebook to ask my opinion on the timeliness of the Gun Board.

I told her that her application may have been already approved and her notification got lost or wasn't sent out; it happens a lot. Accordingly, I told her to do what many others had done - go down to the County Clerk's Office and inquire about her status. In cases such as this in the past, the applicant was given the CPL on the spot.

However, sometimes the County Gun Board is embarrassingly slow in the processing of the application. If contacted, the Gun Board will just tell the applicant that there is nothing that can be done but wait. In reality, PA 381 of 2000, states that if the Gun Board does not render an answer in a reasonable period of time under certain circumstances, the applicant shall be issued a temporary CPL. Of course, applicants don't know this fact and Gun Boards don't like to follow the statute which states:

If the fingerprint comparison report is not received by the concealed weapon licensing board within 30 days after the fingerprint report is forwarded to the department of state police by the federal bureau of investigation, the concealed weapon licensing board shall issue a temporary license to carry a concealed pistol to the applicant if the applicant is otherwise qualified for a license. A temporary license issued under this section is valid for 180 days or until the concealed weapon licensing board receives the fingerprint comparison report provided under subsection (11) and issues or denies issuance of a license to carry a concealed pistol as otherwise provided under this act. Upon issuance or the denial of issuance of the license to carry a concealed pistol to an applicant who received a temporary license under this section, the applicant shall immediately surrender the temporary license to the concealed weapon licensing board that issued that temporary license.

If the County Gun Board balks at issuing you a temporary CPL, you can force the issue by filing a civil suit in the local Circuit Court and have a judge interpret the law or you can just wait. The choice is yours.

Fact 2: A Rejected CPL Applicant Can Contest His Ineligiblity

Sometimes an applicant for a CPL is rejected on a judgement call by the Gun Board. Depending on the facts, an appeal can be made that will result in the awarding of the CPL to the applicant. Ultimately, an application's rejection by the Gun Board can be contested at the local Circuit Court whereby a judge can decide if the applicant shall be given the CPL. Furthermore, if the preceding rejection was determined to be "arbitrary and capricious" the judge can award the applicant court costs and attorney fees. So, if an applicant is initially rejected on a "coin-flip" decision, all is not lost. The applicant should consult with an attorney experienced in this area for a case evaluation.

Fact 3: A Person's CPL Status Is In The State's LEIN System

If you are ever pulled over for a traffic stop, the law enforcement officer will know that you were issued a CPL, if he looks up either your Driver's License or your vehicle's license plate in the Law Enforcement Information Network (LEIN) System.

Despite this fact, a person with a CPL who is actively carrying a concealed firearm "on or about his person" still has a duty to inform the officer of his CPL status and the location of his firearm.

In counties where the local Gun Board delivers questionable service, it is not uncommon for law enforcement officers on a traffic stop to inform the driver that he was issued a CPL.

Fact 4: A Michigan CPL Is Recognized In 35 Other States

The State of Michigan has Concealed Carry Reciprocity Agreements with 35 other states. In Michigan, those agreements are negotiated by the Attorney General. The complete list is maintained by his office and can be viewed on his official web site.

The key thing to know about visiting other reciprocal states with your concealed firearm is that the laws are probably different than Michigan's. So before you go, jump on the Internet and do your research. Ignorance of the law is no excuse for running afoul of it.

Fact 5: A Fraudulently Obtained CPL Is Null And Void Retroactive To Issuance

It is a felony, punishable by four years of imprisonment, a $2,500 fine, or both to knowingly present a fraudulent Basic Pistol Safety Training Class Certificate to a County Gun Board. If this offense is discovered, the CPL of the named person is null and void retroactive to the date of issuance. In short, in the eyes of the law the CPL was never issued and could result in criminal charges for the Carrying of a Concealed Weapon -another felony.

Fact 6: A CPL Can Allow You To Legally Open Carry In A State Defined Pistol-Free Zone

By its express terms, section 234d prohibits certain persons from carrying a firearm in the enumerated places but explicitly exempts from its prohibition "[a] person licensed by this state or another state to carry a concealed weapon." Thus, any person licensed to carry a concealed pistol, including a private investigator, is exempt from the gun-free zone restrictions imposed by section 234d of the Penal Code and may therefore possess firearms while on the types of premises listed in that statute.

Do keep in mind, however, that private property rights over-rule a CPL-holder's right to Open Carry in a state of Michigan enumerated Pistol-Free Zone. Thus, the owner of a bar or a church, for example, can tell you to take a hike if they object to your openly carried handgun.

Fact 7: A CPL Eliminates The Need For A 10-Day Purchase Permit

A CPL simplifies the handgun buying process, as a licensee does not need to go to his/her local law enforcement department to obtain a 10-Day Pistol Purchase Permit by undergoing a background check and completing a 15 question Basic Pistol Safety Training Questionnaire.

Instead the buyer can just go to either a gun dealer or find a private seller. If the seller is a private party, the buyer would be wise to visit the state of Michigan's web site to download a Michigan Pistol Sales Record Form to lawfully document the transfer of ownership of the handgun. Additionally, the buyer has to complete the process by having his pistol purchase documented with his local law enforcement within five days.

If you have a desire to learn more about Michigan firearms law, the Michigan CPL, and personal protection, sign up for our Rick's Firearm Academy of Detroit Newsletter. It's published weekly, free of charge, and you can unsubscribe at any time.

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About Me

Rick Ector is a firearms safety and a personal protection expert. His company, "Rick's Firearm Academy of Detroit," specializes in providing Concealed Pistol License Training Classes for law-abiding citizens who have a desire to become more involved in both their own personal protection and the safety of their families.

Rick is both an appointed NRA Training Counselor and an appointed NRA Chief Range Safety Officer. He is credentialed by the NRA (National Rifle Association) to teach the following: Firearms Instructor Training, Range Safety Officer Training, Home Firearm Safety, Personal Protection (CCW/CPL), Basic Pistol, Basic Rifle, Basic Shotgun, Metallic Cartridge Reloading, and Shotgun Shell Reloading. Moreover, Rick is both a Life Member and a Membership Recruiter for the NRA.

Rick is also very active in the gun rights movement. As such, he networks with other gun rights activists, attends gun rights conventions, organizes open-carry meet-ups, and speaks at Detroit-area block club functions. He is a member of the following organizations: Rick's Firearm Academy Alumni, Black Gun Owners, the Association of Urban Shooters, and makes contributions to the nationally syndicated show entitled, "The Urban Shooter Podcast."

By the way, if you have a desire to learn more about crime prevention, self-defense, responsible gun ownership, and how to get a state of Michigan Concealed Pistol License subscribe to my FREE Michigan CCW Class e-Newsletter now!

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Student Testimonials

"I recently attended Rick's class so that I could obtain my Michigan CPL. He is extremely professional, yet relaxed,
and kept the class interesting, exciting, and informative. He covered a lot of information regarding the laws, how to handle situations should they arise,
gun/ammunition types, gun selection, and most importantly safety. I would recommend this class to anyone from the the most seasoned of gun owners to the
novice who has never even held a gun before. Rick showed us proper shooting stances and techniques and the best ways to optimize accuracy. He also will stop
right away to answer any questions that may come up. For all of these reasons and more, Rick will be my first stop for all of my self defense needs. Thanks
Rick!!!"- Mr. Dave B., Clawson, Oakland County, Michigan

"If you are even thinking about carrying a concealed weapon for personal protection, Rick's class is the absolute
first step you need to take in preparing. You will learn everything you need to know to protect yourself -- not only with your concealed pistol, but also
from the authorities if you should ever have the unfortunate circumstance to use your weapon in self-defense. You will get the necessary legal information
to know how to respond to the police and what to say and what not to say to the 911 operator if you should have to make that call. Rick doesn't take shortcuts.
Rick and his associates take the necessary time to show you the proper way to clear and handle a firearm. Take the class, you will be glad you did! Thanks for
all you are doing! Regards,"- Mr. D. Schmidt, Clinton Twp., Macomb County, Michigan

"Hey Rick! I want to thank you for providing such a vital service to the community. Everyone who cares about their
safety and their freedom needs to be educated on how best to secure both, and I can't think of anyone better equipped to teach them than you. Your class was
very informative, and as the instructor you were very knowledgeable on every aspect of gun ownership and usage and very patient with the many questions I asked-
and had a ready answer for all of them! I would certainly - and have already- suggest anybody looking for a CPL go to you first."- Mr.
B. Tilley, Eastpointe, Macomb County, Michigan 48021

"Rick, Thanks for providing me this opportunity, it was very informative and I would definitely recommend your class to
others. Take care!"- Ms. M. Woods, Southfield, Oakland County, Michigan 48034

"As an attorney and just as a regular citizen of Michigan, I cannot say enough good things about Rick's Firearm Academy.
Rick Ector and his other instructors provided excellent training and instruction and managed to make a normally dry subject interesting and entertaining. They
were patient, knowledgeable, skilled, and talented in communicating important information about gun safety, personal protection, and security. I learned a lot
from Rick Ector and his staff. The info is extremely useful to my every day life, as I try to protect myself. I was so impressed with Rick and his staff that I
intend to take more courses from Rick's Firearm Academy. I am very lucky to have learned about Rick's Firearm Academy, which should be a must for all Michigan
residents. Rick Ector and his staff know their stuff and turned a day of training and instruction on rules - regarding firearm safety and concealed pistol
licenses - into an interesting experience that benefited me and my safety. I will take the valuable information they imparted to me into my everyday life as I
try to make myself more secure from crime and threats. Well, worth the money. In fact, it's a bargain."- Ms. D. Schlussel,
Attorney-At-Law, Southfield, Oakland County, Michigan 48034

"Hello Rick, I just wanted to inform you how insightful your CPL class was. Not only did you and Damian educate me
better on the usage of a firearm but you also helped me with being aware of my surroundings and how I am approached by strangers as well. I am in the sales and
marketing profession for an aluminum manufacturer. I am often in rural and industrial areas and I am much more comfortable after taking your class. I now have
better firearm knowledge, know the difference of taking cover, and have knowledge of when it is illegal to shoot when you have been victimized. I have
recommended your class to most of my friends who have an interest; some have handled firearms, but they will find that they too need to take your class. I
have every intention to stay in contact for additional training and updates. Thanks again. Regards,"- Mr. M. Jackson, Sales and
Marketing Executive, Detroit, Wayne County, Michigan 48206

"Hey! I just wanted to let u know that I really enjoyed your class and since then I've referred a few of my co-workers
to participate just this past month and they also enjoyed themselves and learned a whole about carrying a concealed weapon. Expect more of my coworkers to take
the class. On behalf of me and Wayne County Roads keep up the Great Work!!! :-))"- Ms. D. Montgomery, Detroit, Wayne County, Michigan
48235